The incidents of pedestrian car accidents in Toronto have dramatically increased in recent weeks. When there is a collision between a motor vehicle and a pedestrian, there is a high risk for serious or fatal injury. Often drivers on the road simply don’t see pedestrians or drive in a way that subjects pedestrians to harm. Injuries often include traumatic brain injury, spinal cord or serious orthopaedic injuries and amputation of limbs. Most fatal accidents occur as a result of the pedestrian sustaining a traumatic brain injury from striking their head against the vehicle or street.
Drivers should pay special attention in areas of high pedestrian traffic such as school zones or malls. A common cause of a motor vehicle accident is when a turning vehicle fails to notice a pedestrian crossing in the pedestrian crosswalk. Too often, a driver will be concerned with other vehicles and neglect to check for pedestrians.
Pedestrians must take care when crossing the street as well. You should always obey the traffic or pedestrian signals and do not jaywalk. The simplest advice is what we try to teach our children and that is, look both ways before crossing the road. It seems that in the colder weather, people tend to be in hurry and take less care to insure their own safety.
There are several “rules of the road” that arise in civil actions involving pedestrian car accidents. The Highway Traffic Act states that when loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle. That essentially means that if you were hit by a motor vehicle it will be up to the driver of the vehicle to prove he or she was not negligent.
Injured pedestrians in Ontario would normally have insurance benefits available to them. If they don’t have their own policy, the may apply to the insurer of the vehicle that hit them or in some circumstances to the Motor Vehicle Claims Fund.
